Legislature(2005 - 2006)

02/04/2005 08:09 AM House W&M


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08:09:34 AM Start
08:11:34 AM Overview by Department of Revenue
09:55:04 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                        February 4, 2005                                                                                        
                           8:09 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ralph Samuels                                                                                                    
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Carl Moses                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Norman Rokeberg                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
OVERVIEW BY DEPARTMENT OF REVENUE                                                                                               
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                              
TOMAS H. BOUTIN, Deputy Commissioner                                                                                            
Office of the Commissioner Department of Revenue                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented an overview regarding the                                                                         
Department of Revenue's fall forecast.                                                                                          
                                                                                                                                
DAN DICKINSON, Director                                                                                                         
Department of Revenue Tax Division                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions and further explained                                                                   
the Department of Revenue oil and gas tax structure.                                                                            
                                                                                                                                
MARK GRABER, Income Audit Manager                                                                                               
Tax Division Department of Revenue                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Explained the Alaska corporate income tax                                                                  
structure.                                                                                                                      
                                                                                                                                
JOHANNA BALES, Excise Audit Manager                                                                                             
Tax Division Department of Revenue                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Discussed excise taxes.                                                                                    
                                                                                                                                
BRETT FRIED, Chief Petroleum Economist                                                                                          
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Discussed   mining  taxes,  timber  taxes,                                                              
tourism taxes, occupational taxes, and the business license fee.                                                                
                                                                                                                                
TIM COTTONGIM, Manager Fish Group                                                                                               
Tax Division Department of Revenue                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Discussed the fisher taxes.                                                                                
                                                                                                                                
CHUCK HARLAMENT, Juneau Section Chief                                                                                           
Tax Division Department of Revenue                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Discussed the specifics of the fish tax.                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
VICE  CHAIR PEGGY  WILSON called  the House  Special Committee  on                                                            
Ways    and     Means    meeting     to    order     at    8:09:34                                                            
AM.   Representatives Seaton  and Moses were  present at  the call                                                            
to order.   Representatives Samuels  and Gruenberg arrived  as the                                                              
meeting was in progress.                                                                                                        
                                                                                                                                
^OVERVIEW BY DEPARTMENT OF REVENUE                                                                                              
                                                                                                                                
VICE  CHAIR  WILSON announced  that  the  only order  of  business                                                              
would be the overview by the Department of Revenue.                                                                             
                                                                                                                                
8:11:34 AM                                                                                                                    
                                                                                                                                
TOMAS H. BOUTIN,  Deputy Commissioner, Office of  the Commissioner                                                              
Department  of  Revenue,  recapped  the  Department  of  Revenue's                                                              
overview  meeting with  the House  Special Committee  on Ways  and                                                              
Means.    He  reminded the  committee  that  during  the  previous                                                              
meetings  the department  discussed:  the  financial condition  of                                                              
state  government,  cash  flow   reserves  and  liquidity,  credit                                                              
ratings, the  revenue forecast,  ELF [economic limit  factor], and                                                              
oil taxes.   He  related that  Commissioner Corbus  has said  that                                                              
the  short-term  and very  long-term  financial condition  of  the                                                              
state  is "good,"  but the  period in  between could  be bad.   In                                                              
discussing solutions  for the fiscal gap, Commissioner  Corbus has                                                              
discussed the percent  of market value (POMV) and  the development                                                              
of  natural resources.   He  indicated that  the POMV  is still  a                                                              
solution worthy of review.                                                                                                      
                                                                                                                                
8:13:06 AM                                                                                                                    
                                                                                                                                
DAN  DICKINSON, Director,  Tax  Division,  Department of  Revenue,                                                              
discussed the structure  of taxes.  He presented  a visual diagram                                                              
of  a  pie chart  entitled,  "Tax  Division  Responsibilities  for                                                              
General  Fund  Unrestricted  Revenue,   FY  2004,"  detailing  the                                                              
general fund  revenues totaled $4.6  billion and the  Tax Division                                                              
divided  the  revenue  amongst   four  categories.    The  largest                                                              
category is  the federal  dollars that  total $1.9 billion,  which                                                              
is followed by  taxes administered by the Tax  Division that total                                                              
$1.2  billion.     The   third  category,   administered   by  the                                                              
Department of  Natural Resources, is  the [oil and  gas] royalties                                                              
in  the amount  of $1.1  billion,  and lastly  is the  all-purpose                                                              
"other General  Fund revenue  raised by  the state" totaling  $400                                                              
million.    Of the  $1.2  billion  of taxes  administered  by  the                                                              
division about  $1 billion  are oil  and gas taxes.   He  said the                                                              
focus would  be on the $200  million remaining.  The  tax programs                                                              
administered  by  the division  are:  oil  and gas  taxes,  excise                                                              
taxes, other  taxes, corporate income  tax (non-oil and  gas), and                                                              
fisheries taxes.   The other responsibilities of  the Tax Division                                                              
include  administering  charitable   gaming,  issuing  the  salmon                                                              
pricing report, and revenue sources reporting, he related.                                                                      
                                                                                                                                
8:17:12 AM                                                                                                                    
                                                                                                                                
MARK  GRABER, Income  Audit Manager,  Tax  Division Department  of                                                              
Revenue,    discussed   the    Alaska    corporate   income    tax                                                              
statute/regulation  AS 43.20.073/15  ACC 20.   In  FY 04,  the Tax                                                              
Division collected  $39.5 million from corporate income  tax.  The                                                              
taxpayers  subject  to  the corporate  income  tax  structure  are                                                              
generally large multi  state corporations.  The  basic features of                                                              
the tax  include water's edge,  combination, and  apportionment of                                                              
federal taxable  income.  The  term "apportionment" refers  to the                                                              
taxable  income  determined by  formula,  as opposed  to  separate                                                              
accounting   of   the   income   and   expenses   within   Alaska.                                                              
"Combination" refers  to the apportionment formula  applied to the                                                              
total  taxable income  of a  combined group  of corporations,  not                                                              
just  the affiliate  doing  business in  Alaska.   "Water's  edge"                                                              
refers  only to the  income and  factors of  the affiliates  doing                                                              
business  in the  U.S., as  opposed to  the worldwide  combination                                                              
and apportionment that is used for the oil and gas companies.                                                                   
                                                                                                                                
8:20:09 AM                                                                                                                    
                                                                                                                                
MR. GRABER,  in response to  Representative Seaton,  clarified the                                                              
details  of water's  edge.   He relayed  that in  1991 the  Alaska                                                              
State Legislature  passed the Water's Edge legislation.   Prior to                                                              
that  legislation, the  Tax Division  combined  and processed  its                                                              
calculation based  on the worldwide  group of corporations,  which                                                              
means  that  foreign  subsidiaries   of  the  unitary  group  were                                                              
included in  the formula.  He  stated that under the  Water's Edge                                                              
legislation,  foreign  corporations  are  excluded  so  that  only                                                              
corporations that  do business in the United  States are included.                                                              
In  further   response  to   Representative  Seaton,   Mr.  Graber                                                              
confirmed  that  water's  edge   essentially  refers  to  anything                                                              
controlled by the United States.                                                                                                
                                                                                                                                
MR. GRABER described  the basic formula the Tax  Division uses for                                                              
corporate  income  tax.    The  basic  formula  starts  with  U.S.                                                              
federal  consolidated taxable  income,  multiplied  by the  Alaska                                                              
apportionment  factor, which  equals  the  Alaska taxable  income.                                                              
The Alaska taxable  income is then multiplied by a  tax rate - the                                                              
corporate  rates graduate  up to  a maximum  of 9.4  percent -  to                                                              
arrive  at  the  Alaska  tax.   The  apportionment  factor  is  an                                                              
average  of   three  factors  that   are  considered  to   be  the                                                              
activities  that  produce  income.   The  formula  for  the  three                                                              
apportionment  factors adds:  the Alaska  property divided  by the                                                              
U.S. property,  the Alaska  payroll divided  by the U.S.  payroll,                                                              
and the  Alaska sales divided  by the U.S.  sales.  Add  the three                                                              
factors  and divide  by  three to  arrive  at  an average  factor,                                                              
which  is  the  percentage  applied  to  the  corporation's  total                                                              
income to attribute income to Alaska.                                                                                           
                                                                                                                                
8:22:42 AM                                                                                                                    
                                                                                                                                
MR. GRABER,  in response  to Representative  Wilson, relayed  that                                                              
he was not  able to answer  whether the current tax  structure has                                                              
encouraged more companies to do business in Alaska.                                                                             
                                                                                                                                
8:23:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON mentioned  that  Alaska has  to be  careful                                                              
with its  tax structure  so as  to not  discourage companies  from                                                              
conducting  business in  Alaska.   She asked  if Alaska's  current                                                              
structure was similar to other states.                                                                                          
                                                                                                                                
MR. GRABER  relayed  that 38 of  the 50  states apportion  income.                                                              
He  informed  the  committee  that  Alaska  uses  the  traditional                                                              
formula, which he characterized as fairly neutral.                                                                              
                                                                                                                                
8:24:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  asked   about  the  specific   exclusions                                                              
included in the non-oil and gas corporate tax.                                                                                  
                                                                                                                                
8:25:16 AM                                                                                                                    
                                                                                                                                
MR. GRABER explained  that the Tax Division generally  follows the                                                              
Internal  Revenue Code's  guidelines,  and  therefore non  profits                                                              
and charitable organizations  are tax exempt.  He  added that some                                                              
of the  larger industries  are exempt by  Alaska statute,  such as                                                              
the  cruise  ship  industry  and   any  company  involved  in  air                                                              
transportation or cargo transportation.                                                                                         
                                                                                                                                
8:26:02 AM                                                                                                                    
                                                                                                                                
MR.  DICKINSON clarified  that  the cruise  ship  industry is  not                                                              
fully  exempt; it is  merely the  foreign flag  carriers that  are                                                              
exempt.                                                                                                                         
                                                                                                                                
MR. GRABER  noted that the same  applies for foreign  air carriers                                                              
and foreign transportation companies.                                                                                           
                                                                                                                                
8:26:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  surmised  then   that  a  U.S.   airlines                                                              
carrying  freight  through  the  state  on  international  flights                                                              
would be  subject to  the corporate tax,  while a foreign  airline                                                              
flying the same route would not be subject to the corporate tax.                                                                
                                                                                                                                
8:26:56 AM                                                                                                                    
                                                                                                                                
MR. GRABER  stated that  Representative Seaton  was correct.   The                                                              
federal  government  has  arrangements  with  foreign  governments                                                              
such that each country taxes its own transportation company.                                                                    
                                                                                                                                
8:27:39 AM                                                                                                                    
                                                                                                                                
MR. GRABER added  that S Corporations are not  subject to Alaska's                                                              
Corporate income tax.   According to the Internal  Revenue Code, S                                                              
Corporations include  Subchapter S corporations which  are treated                                                              
as  partnerships and  corporate income  is passed  through to  the                                                              
individual shareholders, he noted.                                                                                              
                                                                                                                                
8:28:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  for  a  comprehensive  statement                                                              
about  every  type  of fee  and  revenue  raising  measure  upheld                                                              
against the cruise ship industry in the country.                                                                                
                                                                                                                                
MR. GRABER stated that he would try to get that information.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  stated that he was interested  "in those                                                              
that have  been upheld and  ... those that  have been  struck down                                                              
and the courts reasoning in each case."                                                                                         
                                                                                                                                
MR. DICKINSON  noted that the  latter discussion on  tourism taxes                                                              
might answer those questions.                                                                                                   
                                                                                                                                
8:29:34 AM                                                                                                                    
                                                                                                                                
MR. GRABER  relayed  the status  report of the  Tax Division:  the                                                              
non-oil and gas  corporations are second priority to  oil and gas.                                                              
Since  the division  has limited  audit resources,  it focuses  on                                                              
known  problems  by using  the  IRS  tax shelter  information  and                                                              
single issues  referred to as "slam  dunk issues."  He  noted that                                                              
the  division   is  looking   at  the   inclusion  of   tax  haven                                                              
corporations in [the water's edge group].                                                                                       
                                                                                                                                
8:31:31 AM                                                                                                                    
                                                                                                                                
MR.  DICKINSON,  in response  to  Representative  Seaton,  relayed                                                              
that the administration  has been asked to analyze  the issue of S                                                              
Corporations, but currently there are no proposals on the table.                                                                
                                                                                                                                
8:32:08 AM                                                                                                                    
                                                                                                                                
MR.  GRABER  continued  by  stating that  the  division  needs  to                                                              
rebuild  auditor  ranks.    He  related  that  [the  division]  is                                                              
considering and  developing a professional contract  to review the                                                              
water's edge audit procedures.                                                                                                  
                                                                                                                                
8:33:01 AM                                                                                                                    
                                                                                                                                
MR.  DICKINSON, in  response to  Representative Gruenberg,  agreed                                                              
to  provide the  committee  with the  division's  request for  the                                                              
Audit Division's increased funding.                                                                                             
                                                                                                                                
8:33:56 AM                                                                                                                    
                                                                                                                                
JOHANNA  BALES,   Audit  Manager,   Tax  Division  Department   of                                                              
Revenue, related  that she is  responsible for administering  five                                                              
of  the excise  tax types  administered  by the  department.   She                                                              
turned to the  motor fuel tax, which  is levied on all  motor fuel                                                              
sold, transferred,  or used within Alaska.  The  Division collects                                                              
motor fuel taxes  primarily from the wholesalers  and distributors                                                              
who hold "qualified  dealer" licenses issued by the  division.  In                                                              
FY 2004, the number  of taxpayers for this tax type  was 255.  The                                                              
tax rates  for the motor  fuel tax are:  highway use is  $0.08 per                                                              
gallon,  marine use  is  $0.05 per  gallon,  aviation gasoline  is                                                              
$0.47 per gallon,  jet fuel is $0.032 per gallon,  and off-highway                                                              
use is  taxed at $0.02  per gallon.   The actual revenue  received                                                              
for  the  motor fuel  program  in  FY  04 was  $41,367,326.    The                                                              
division projects revenue  in the amount of $39.5  million for the                                                              
next two years.                                                                                                                 
                                                                                                                                
8:36:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked why  the  projected revenue  [for                                                              
the motor fuel tax] is decreasing for FY 05 and FY 06.                                                                          
                                                                                                                                
MS.  BALES deferred to Mr. Fried.                                                                                               
                                                                                                                                
8:37:36 AM                                                                                                                    
                                                                                                                                
DAN  DICKINSON,  Director,  Tax Division  Department  of  Revenue,                                                              
answered  that  the  projections   are  not  trending  down.    He                                                              
explained that  in FY 04 the  Tax Division had larger  than normal                                                              
assessment.    Therefore, it's  are  actually  a level  trend,  he                                                              
noted.    In  response  to  Representative  Gruenberg,  Mr.  Fried                                                              
specified that the assessment had to do with a single taxpayer.                                                                 
                                                                                                                                
8:38:15 AM                                                                                                                    
                                                                                                                                
MS.  BALES, in  response to  Representative  Seaton, related  that                                                              
the  last increase  for  jet fuel  and  aviation  gasoline was  in                                                              
1994,  while the  last  increase  for highway  fuel  was in  1970.                                                              
Marine fuel was last increased in 1977.                                                                                         
                                                                                                                                
8:39:13 AM                                                                                                                    
                                                                                                                                
MS.  BALES  continued  her  discussion  of  excise  tax  types  by                                                              
explaining  the tire fee.   The  effective date  for the  tire fee                                                              
was September  26,  2003.   The tire fee  is assessed  on all  new                                                              
tires  sold in the  state that  are for  use on  a motor  vehicle.                                                              
For  the sale  of new  tires  the price  is  $2.50 per  tire.   An                                                              
additional fee  for studded tires  became effective July  1, 2004.                                                              
The studded  tire fee is $2.50 per  new tire.  Heavy  studs, which                                                              
weigh more  than 1.1 grams, incur  an additional fee of  $5.00 per                                                              
tire.   In addition,  the $5.00 fee  applies to stud  installation                                                              
services.                                                                                                                       
                                                                                                                                
8:41:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  asked  if  the  weight  of  studs  make  a                                                              
difference in regard to the size of the tires.                                                                                  
                                                                                                                                
8:41:25 AM                                                                                                                    
                                                                                                                                
MS.  BALES relayed  that most  of  the aluminum  studs weigh  less                                                              
than  1.1   grams,  regardless  of   the  tire  size.     However,                                                              
regardless of  the tire size,  all of the  steel studs  weigh more                                                              
than 1.1  grams.  The  intent of this law  was to get  Alaskans to                                                              
use  aluminum studs  because they  are  road friendly  and do  not                                                              
cause the damage that the steel studs do, she noted.                                                                            
                                                                                                                                
                                                                                                                                
8:42:41 AM                                                                                                                    
                                                                                                                                
MS. BALES continued  her explanation of  the tire fee.   In FY 04,                                                              
the  number  of taxpayers  was  131  and  the tire  fee  generated                                                              
$126,000.  The  expectation for FY 05  and FY 06 is  that the tire                                                              
fee will  generated $2.6 million.   The reason for  the additional                                                              
increase is attributed  to the studded tire fee, which  was not in                                                              
effect in FY 04.                                                                                                                
                                                                                                                                
8:43:27 AM                                                                                                                    
                                                                                                                                
MS.  BALES  turned  to  the  vehicle   rental  tax,  which  became                                                              
effective January  1, 2004.   The vehicle  rental tax  is assessed                                                              
at the  rate of  10 percent  on the rental  of passenger  vehicles                                                              
and  3  percent on  rentals  of  recreational  vehicles.   If  the                                                              
vehicle is  rented for more  than 90 days,  no vehicle  rental tax                                                              
is  assessed  at  that  time.     The  number  of  vehicle  rental                                                              
taxpayers is  122.  In FY  2004, the actual revenue  generated was                                                              
$2.7  million and  the expected  revenue  generated going  forward                                                              
will be $6.7 million per year.                                                                                                  
                                                                                                                                
8:44:44 AM                                                                                                                    
                                                                                                                                
MS. BALES  moved to  the tobacco tax,  which she characterized  as                                                              
one the  most complex  taxes the  department administers.   Alaska                                                              
levies a  tax on cigarettes  imported into  the state for  sale or                                                              
personal  consumption.   The  tobacco products  tax  is levied  on                                                              
other  tobacco products  imported into  the state  for sale.   The                                                              
division   collects   tobacco  taxes   primarily   from   licensed                                                              
wholesalers, distributors,  and retailers.  The tax  rates for the                                                              
cigarette tax  were $0.05  per cigarette  thru December  31, 2004.                                                              
However, the  new legislation effective  January 1,  2005, through                                                              
June  30,  2006,   will  increase  the  tax  rate   to  $0.08  per                                                              
cigarette.   There  will be  an  increase of  $0.09 per  cigarette                                                              
from  July  1,  2006,  through  June  30,  2007.    An  additional                                                              
increase  of $0.10  per cigarette  will occur  July 1,  2007.   In                                                              
addition  to the aforementioned  tax increases,  Senate Bill  1001                                                              
of  the twenty-third  legislature  imposes  an additional  tax  of                                                              
$0.25 per pack on cigarettes that are manufactured by non-                                                                      
participating tobacco  manufacturers, which are  the manufacturers                                                              
that  didn't  sign  the  Tobacco   Masters  Settlement  Agreement.                                                              
Beginning  July 1,  2007,  after the  full  graduated tax  becomes                                                              
effective,  the tax  for non-participating  manufacturer  products                                                              
will be $2.25 per pack.                                                                                                         
                                                                                                                                
8:47:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   asked  a  question  regarding   the  non-                                                              
participating manufacturers.  She asked which of the non-                                                                       
participating  manufacturers  did  not sign  the  Tobacco  Masters                                                              
Settlement Agreement.                                                                                                           
                                                                                                                                
MS.   BALES  answered   that  of   the   thousands  of   cigarette                                                              
manufacturers, the  majority of those  companies did not  sign the                                                              
agreement.  Some  of the large companies who  signed the agreement                                                              
were  Phillip Morris,  RJ  Reynolds, Lorillard  Tobacco,  Liggett,                                                              
and Brown and Williamson.                                                                                                       
                                                                                                                                
8:49:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  asked if there was a significant  amount of                                                              
non-participating manufacturing cigarette products in the state.                                                                
                                                                                                                                
MS. BALES  relayed that  across the  world there  a "quite  a few"                                                              
non-participating  manufacturers  and  several  of those  do  sell                                                              
cigarettes in the country.  However, in Alaska the non-                                                                         
participating manufacturer  product makes up less  than .4 percent                                                              
of the total cigarettes consumed in Alaska.                                                                                     
                                                                                                                                
8:49:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  about how  the division  was able                                                              
to  collect  taxes  from  the  tobacco   products  sold  over  the                                                              
Internet.                                                                                                                       
                                                                                                                                
8:50:02 AM                                                                                                                    
                                                                                                                                
MS.  BALES  stated  that  the Internet  sales  can  be  difficult.                                                              
However,  a federal  law  called the  Jenkins  Act "requires  that                                                              
anyone who  sells cigarettes in  interstate commerce,  is required                                                              
to  notify   the  tax  administrator   in  the  state   where  the                                                              
cigarettes were  sold."   The Jenkins Act  allows the  division to                                                              
collect the  tax from the individual  who imported the  product in                                                              
the  state.     Despite  the   federal  law  not   many  companies                                                              
voluntarily  comply with  the law.    However, over  the past  few                                                              
years  stronger   enforcement  by   the  federal  government   has                                                              
occurred.    The  National Association  of  Attorneys  General  is                                                              
currently  trying   to  get  credit  card  companies   to  provide                                                              
information about tobacco sales purchased with credit cards.                                                                    
                                                                                                                                
8:51:56 AM                                                                                                                    
                                                                                                                                
MS. BALES  returned to her overview,  and relayed that  the actual                                                              
revenue  in FY 2004  for cigarette  and tobacco  products  tax was                                                              
$48.8  million.    The  expected  revenue for  FY  2005  is  $51.8                                                              
million and in FY 2006 $64 million.                                                                                             
                                                                                                                                
8:52:36 AM                                                                                                                    
                                                                                                                                
MS.  BALES  continued  explaining   the  alcoholic  beverage  tax.                                                              
Alaska  levies a  tax on  the first  sale  of alcoholic  beverages                                                              
made in  Alaska.  The division  collects alcoholic  beverage taxes                                                              
primarily from  the wholesalers  and distributors.   The  tax rate                                                              
on  alcoholic beverages  is as  follows: liquor,  alcohol with  an                                                              
alcoholic content  greater than  21 percent by  volume, has  a tax                                                              
rate  of $12.80  per  gallon; wine  and  other  beverages with  an                                                              
alcoholic  content of  21 percent  or less  by volume  have a  tax                                                              
rate of  $2.50 per gallon;  malt beverages  such as beer  and hard                                                              
cider have  a tax rate  of $1.07; and  small breweries have  a tax                                                              
rate of  $0.35 per gallon.   The division piggybacked  the federal                                                              
law to decide  what qualifies as  a small brewery.   She explained                                                              
that  under the  federal  law, a  small brewery  is  defined as  a                                                              
company that produces  no more than 2 million barrels  of beer per                                                              
year,  which is  the equivalent  of  62 million  gallons of  beer.                                                              
The first 60,000  barrels, which is the equivalent  of 1.8 million                                                              
gallons, of the  product that the company sells  qualifies for the                                                              
reduced rate of tax.                                                                                                            
                                                                                                                                
8:54:26 AM                                                                                                                    
                                                                                                                                
MS. BALES,  in response to  Representative Wilson, stated  that no                                                              
small breweries exceed the aforementioned amount of production.                                                                 
                                                                                                                                
MS. BALES  continued by stating  that the revenue generated  in FY                                                              
04 was  $32.7 million.  The  projected revenues are  $31.8 million                                                              
going forward, she related.                                                                                                     
                                                                                                                                
8:54:55 AM                                                                                                                    
                                                                                                                                
MS. BALES, in  response to Representative Seaton,  stated that the                                                              
tax  per  serving  is  $0.10 cents  per  drink.    The  [division]                                                              
defines "drink"  as follows: wine is  5 ounces per drink,  beer is                                                              
12 ounces per drink, and liquor is 1 ounce per drink.                                                                           
                                                                                                                                
8:55:35 AM                                                                                                                    
                                                                                                                                
MR. FRIED, in  response to Representative Gruenberg,  related that                                                              
the  reason for  the declining  projected revenue  is because  the                                                              
division added  an additional 15  days of accrual,  which accounts                                                              
for the  difference between FY  04 and FY  05.  The change  in the                                                              
accounting accrual was to accommodate the quarterly taxes.                                                                      
                                                                                                                                
8:56:23 AM                                                                                                                    
                                                                                                                                
MS. BALES,  in response  to Representative  Samuels, relayed  that                                                              
the division  is unable to provide  small brewery examples  due to                                                              
confidentiality reasons.                                                                                                        
                                                                                                                                
8:56:43 AM                                                                                                                    
                                                                                                                                
MS.  BALES, in  response  to  Representative Seaton,  stated  that                                                              
there are  no large  breweries in  Alaska.   During the  prior tax                                                              
increase, the  small brewery exemption  was pushed by  the Alaskan                                                              
Brewing Company, she noted.                                                                                                     
                                                                                                                                
8:57:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked whether any  of the excise  taxes are                                                              
exclusive, or could they be applied at the local level.                                                                         
                                                                                                                                
MS.  BALES related  that  the  state statute  regarding  alcoholic                                                              
beverages details  that the local  level can only levy  a property                                                              
tax on alcoholic  beverage inventories and a sales  tax.  However,                                                              
the sales can  only be levied if  the localities levy  a sales tax                                                              
on some  other commodity.   For example,  if a municipality  had a                                                              
vehicle rental  tax or a  bed tax it could  then have a  sales tax                                                              
on   alcoholic  beverages,   she   noted.     Municipalities   are                                                              
prohibited  from  levying  their   own  excise  tax  on  alcoholic                                                              
beverages  although she  was  unaware of  any  prohibition on  any                                                              
other [excise] tax types.                                                                                                       
                                                                                                                                
8:58:41 AM                                                                                                                    
                                                                                                                                
MR. DICKINSON  related his belief  that Fairbanks,  Anchorage, and                                                              
Yakutat,  have a  vehicle  rental tax.    Fairbanks and  Anchorage                                                              
have   tobacco   taxes,  but   he   is   unaware  of   any   other                                                              
municipalities that have a tire fee or motor fuel taxes.                                                                        
                                                                                                                                
8:59:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked, "Motor fuel is not  a state category                                                              
as well, individual communities can also have a motor fuel tax?"                                                                
                                                                                                                                
8:59:23 AM                                                                                                                    
                                                                                                                                
MR.  DICKINSON  related  that,  "I  do  not  believe  that  it  is                                                              
specifically  excluded,  and  in  fact,  if the  community  has  a                                                              
general sales tax, typically that would be included."                                                                           
                                                                                                                                
MS. BALES  agreed with Mr. Dickinson,  and related that  she isn't                                                              
aware of anything  that prohibits municipalities  from assessing a                                                              
motor fuel tax.                                                                                                                 
                                                                                                                                
8:59:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked if  any jurisdiction  exercised an                                                              
excise tax on Internet sales.                                                                                                   
                                                                                                                                
MS. BALES related  that there is an excise tax  on Internet sales,                                                              
in  that the  tax is  levied against  the person  who imports  the                                                              
product.   In further  response to  Representative Gruenberg,  Mr.                                                              
Bales  explain  that  the first  person  who  imports  cigarettes,                                                              
regardless  of the  importation  method,  is responsible  for  the                                                              
cigarette  tax.    In  contrast,  the  Alaska  law  the  alcoholic                                                              
beverage  tax details  that the  tax is only  levied on  alcoholic                                                              
beverages  sold  within the  state.    Hence, the  importation  of                                                              
alcohol for  personal consumption  means  an individual would  not                                                              
pay the alcoholic beverage excise tax, she related.                                                                             
                                                                                                                                
9:02:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   related    his   understanding   that                                                              
municipal  taxation  does  not  reach  sales  over  the  Internet.                                                              
Therefore, the products  purchased on the Internet,  regardless of                                                              
the  municipality's sales  tax, are  imported into  the state  tax                                                              
free, he concluded.                                                                                                             
                                                                                                                                
9:02:47 AM                                                                                                                    
                                                                                                                                
MS. BALES  relayed that  the aforementioned  depends upon  the tax                                                              
structure.   If the municipal  code or  state law included  a "use                                                              
tax" as  a sales  tax, then  the individual  would be required  to                                                              
pay the use tax on the imported product.                                                                                        
                                                                                                                                
MR. DICKINSON noted  that Juneau has a use tax.   Many communities                                                              
with sales taxes don't have associated use tax provisions.                                                                      
                                                                                                                                
9:03:53 AM                                                                                                                    
                                                                                                                                
MS. BALES, in  response to Representative Gruenberg,  confirmed in                                                              
order to get at [Internet sales] a use tax could be employed.                                                                   
                                                                                                                                
9:04:22 AM                                                                                                                    
                                                                                                                                
TIM  COTTONGIM,  Manager,  Fish   Group,  Department  of  Revenue,                                                              
informed  the  committee that  he  is  responsible for  five  fish                                                              
taxes.   In FY  04, the  fisheries business  tax collected  $29.24                                                              
million,   of  which  $14.39   million  was   shared  with   local                                                              
municipalities,  and $14.84  million  was retained  by the  state.                                                              
There were  525 taxpayers.   This tax  is imposed upon  processors                                                              
and exporters  of unprocessed  fish.   The tax  is based  upon the                                                              
raw value  of the  product.   There are  three tax rates  imposed:                                                              
the  highest rate  five  percent is  on  floating processors,  the                                                              
next [highest]  is for salmon canaries  at a rate of  4.5 percent,                                                              
and  lastly the  shore-based processors  are  taxed at  a rate  of                                                              
three percent.   The  tax rates imposed  are assuming  the product                                                              
is an  established species,  he noted.   The companies  processing                                                              
and  exploring "developing"  species  are allotted  a two  percent                                                              
discount.                                                                                                                       
                                                                                                                                
9:06:03 AM                                                                                                                    
                                                                                                                                
MR. COTTONGIM, in  response to Representative Seaton,  stated that                                                              
"developing"  species   is  a  designation  made   by  the  Alaska                                                              
Department  of Fish  and  Game (ADF&G)  on  a yearly  basis.   The                                                              
developing  species may  be  a species  that  is under-fished,  so                                                              
there needs  to be  further incentive to  encourage fishing.   The                                                              
term  can  also  be  used  to  describe  a  fishery  that  is  not                                                              
developing except for in a centralized location.                                                                                
                                                                                                                                
MR. COTTONGIM, in  response to Representative Seaton,  stated that                                                              
all  the   information  regarding  the   types  of  fish   on  the                                                              
developing  species  list  are  submitted  by the  ADF&G,  and  is                                                              
available on the Internet website, on the tax return form.                                                                      
                                                                                                                                
9:07:13 AM                                                                                                                    
                                                                                                                                
MR. COTTONGIM, in  response to Representative Wilson,  stated that                                                              
some aquatic  fisheries are  considered new  and developing  while                                                              
others are taxed.                                                                                                               
                                                                                                                                
9:07:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON clarified that  the fisheries  business tax                                                              
is a  wild resource  tax so  farmed fish  do not  fall under  this                                                              
tax.                                                                                                                            
                                                                                                                                
MR. COTTONGIM  agreed.  However, he  explained that the  tax is an                                                              
occupation tax  so it applies to  the occupation of  processing or                                                              
exporting.   Therefore, whether the  product is farmed  or brought                                                              
in  from Canada,  if the  product  is first  processed in  Alaska,                                                              
then it is subject to the tax.                                                                                                  
                                                                                                                                
9:08:38 AM                                                                                                                    
                                                                                                                                
MR.  COTTONGIM  continued with  the  next  largest tax  type,  the                                                              
resource  landing  tax,  AS  43.77.     In  FY  04,  the  division                                                              
collected $6.86  million, of which  $4.36 million was  shared with                                                              
the local  municipalities, and $2.50  million was retained  by the                                                              
state.  The  number of taxpayers was  42.  This tax  is imposed on                                                              
at-sea  processors  that  are processing  outside  the  three-mile                                                              
limit and land their  fish in the state.  The tax  is based on the                                                              
"statewide  average price," which  is a  list from the  commercial                                                              
ADF&G  operators'   annual  report  established.     Each  of  the                                                              
taxpayers are required  to pay quarterly estimated  tax each year.                                                              
The  tax  rate  for  landing  is  three  percent.    However,  for                                                              
"developing" species, it is discounted by two percent.                                                                          
                                                                                                                                
9:09:45 AM                                                                                                                    
                                                                                                                                
MR. COTTONGIM, in  response to Representative Seaton,  stated that                                                              
farm products exported  from the state unprocessed  are subject to                                                              
the  fisheries  business  tax.    The  amount  shared  with  local                                                              
municipalities  is  shown  on  table  2  on page  14  of  the  Tax                                                              
Division's  Annual  Report.    He noted  that  the  division  also                                                              
publishes  the shared  taxes report,  which  reports the  specific                                                              
breakdown of the sharing for the business fisheries tax.                                                                        
                                                                                                                                
9:11:21 AM                                                                                                                    
                                                                                                                                
MR.  COTTONGIM  continued  the   presentation  by  explaining  the                                                              
seafood  marketing  assessment tax,  which  "comes  from both  the                                                              
fisheries  business and  the  resource landing  tax  return."   He                                                              
highlighted  that there  must be  a  value of  $50,000 or  greater                                                              
before  it  kicks  in.   For  fisheries  business  taxpayers,  the                                                              
seafood  marketing assessment  tax is  imposed on  all their  fish                                                              
processed  in  the state  and  those  exported unprocessed.    For                                                              
landing  taxpayers,  this  tax  [is imposed]  on  any  fish  first                                                              
landed in  the state  and processed  at sea.   Proceeds  from this                                                              
tax help  to fund the Alaska  Seafood Marketing  Institute (ASMI).                                                              
The  tax   rate  for   all  processors  is   0.5  percent.     The                                                              
aforementioned rate took effect January 1, 2005.                                                                                
                                                                                                                                
9:12:44 AM                                                                                                                    
                                                                                                                                
MR.  COTTONGIM, in  response to  Representative Seaton,  confirmed                                                              
that  the  seafood   marketing  assessment  tax   is  levied  from                                                              
mariculture farm product that is exported.                                                                                      
                                                                                                                                
MR.  COTTONGIM  continued  by describing  the  salmon  enhancement                                                              
tax, which  collected $3.3 million.   The number of  taxpayers was                                                              
195.  The tax  is paid by fisherman on salmon  sold in or exported                                                              
from  established aquaculture  regions.   Proceeds  from this  tax                                                              
are  appropriated  back  to the  applicable  regional  aquaculture                                                              
association,  which  helps  to subsidize  the  hatcheries  in  the                                                              
regions.                                                                                                                        
                                                                                                                                
9:13:46 AM                                                                                                                    
                                                                                                                                
MR.  COTTONGIM moved  on to  explain the  dive fishery  management                                                              
assessment   tax.     The  Southeast   Dive  Fishery   Development                                                              
Association has  established a region where they  self-impose this                                                              
tax, because  it's appropriated  back to  the region to  subsidize                                                              
the  association.   The tax  is paid  by three  dive fisheries  on                                                              
geoducks,  sea cucumbers,  and sea  urchins.   The  7 percent  tax                                                              
rate  on  the  geoduck  took  effect  October  1,  2004,  and  the                                                              
previous rate was 5 percent.                                                                                                    
                                                                                                                                
9:15:03 AM                                                                                                                    
                                                                                                                                
MR. COTTONGIM,  in response to Representative  Gruenberg, answered                                                              
that  plant  sea life  is  not  taxed.   In  further  response  to                                                              
Representative Gruenberg,  Mr. Cottingim said he  didn't know that                                                              
such an industry  [specifically seaweed harvesting]  exists in the                                                              
state.                                                                                                                          
                                                                                                                                
MR.  COTTONGIM, in  response  to Representative  Samuels,  related                                                              
that herring roe is subject to tax.                                                                                             
                                                                                                                                
9:15:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  inquired   as  to   whether  the   salmon                                                              
enhancement tax is taken where the fish was caught or sold.                                                                     
                                                                                                                                
9:16:05 AM                                                                                                                    
                                                                                                                                
MR. COTTONGIM  explained that  if the product  is caught  and sold                                                              
in established  aquaculture  regions, then  the tax return  allows                                                              
[the fisher]  to report both where  the fish is caught  as well as                                                              
where  it is  sold.   Unless,  there is  a  huge discrepancy,  the                                                              
division usually  applies the  tax to where  the product  is sold.                                                              
However, if  there is a huge  discrepancy the legislature  has the                                                              
authority,  in   the  appropriation,  to  compare   those  figures                                                              
prepared  by  the  Department  of  Administration  and  share  the                                                              
revenue with  the place where it  was caught rather than  where it                                                              
was sold.                                                                                                                       
                                                                                                                                
9:17:19 AM                                                                                                                    
                                                                                                                                
MR. COTTONGIM added:                                                                                                            
                                                                                                                                
     Assuming that  we [the Tax  Division] are given  a heads                                                                   
     up  on the  elections ...  we're  usually working  close                                                                   
     with the  organization to  understand how they're  going                                                                   
     to self-impose  the  tax, because we  need to  obviously                                                                   
     design  our   tax  returns  and  have  them   ready  and                                                                   
     available  as  soon  as they're  [the  state]  ready  to                                                                   
     begin to collect the tax.                                                                                                  
                                                                                                                                
MR. COTTONGIM  said that when  elections occur the  division works                                                              
with  the ADF&G  and  others to  verify  recordings, mapping,  and                                                              
other issues.                                                                                                                   
                                                                                                                                
9:18:50 AM                                                                                                                    
                                                                                                                                
MR.  COTTONGIM,  in response  to  Representative  Wilson,  related                                                              
that  the  division's  "good  relationship"  with  ADF&G  and  its                                                              
willingness  to share  basic fish  ticket  information helps  with                                                              
enforcement.  Another  tool of compliance is comparing  the salmon                                                              
fisheries   business  tax   returns   to  those   of  the   salmon                                                              
enhancement tax  returns.  The fish  tickets are a tool.   Lastly,                                                              
compliance from  the industry helps  ensure that the  proper taxes                                                              
are collected.                                                                                                                  
                                                                                                                                
9:19:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  how the  taxes on  salmon caught  in                                                              
Southeast  Alaska and  exported  to Prince  Rupert for  processing                                                              
would be apportioned.                                                                                                           
                                                                                                                                
MR.  COTTONGIM responded  that  salmon  caught and  exported  from                                                              
Southeast  would be  subject to  the salmon enhancement  tax.   If                                                              
the product is  unprocessed, then the exporter  is responsible for                                                              
the  tax and  the  same principle  would  apply  to the  fisheries                                                              
business  tax.  Due  to the  exportation of  the salmon,  it would                                                              
not be  subject to  tax within  an organized  borough.   Thus, the                                                              
fisheries business  tax is apportioned amongst communities  in the                                                              
pool based upon the formula used.                                                                                               
                                                                                                                                
9:21:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON posed  a situation  in which  the fish  was                                                              
caught  in a  borough  and exported  unprocessed,  and asked  what                                                              
would occur with [the taxation].                                                                                                
                                                                                                                                
MR.  COTTONGIM relayed  that  the division  focuses  on where  the                                                              
product  is taxable.   In  a situation  in which  the product  was                                                              
landed in a  community and [exported] for processing,  the product                                                              
is subject to tax  when it crosses the border.   That is where the                                                              
division looks to share the proceeds, he noted.                                                                                 
                                                                                                                                
9:22:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked,  "So  the fish  that  are caught  in                                                              
Ketchikan  go  in  through their  port,  transship,  whatever  and                                                              
leave  on a  tender  down,  and  that tax  comes  in and  goes  to                                                              
Department  of  Commerce,  which doesn't  share  that  necessarily                                                              
back to ...  that ... community  because it went through  a border                                                              
crossing, so it goes broadly across the state?"                                                                                 
                                                                                                                                
MR. COTTONGIM,  in response to  Representative Seaton,  noted that                                                              
the  sharing  information  [in  regards  to  border  crossing]  is                                                              
voluntarily provided.   Most of  the companies filing  a fisheries                                                              
business tax return  would probably indicate the  location and the                                                              
division honors  the provided location  as the place  the proceeds                                                              
will be shared back.                                                                                                            
                                                                                                                                
9:22:57 AM                                                                                                                    
                                                                                                                                
MR.  COTTONGIM,  in response  to  Representative  Wilson,  relayed                                                              
that the  income shared amongst  the municipalities  is statewide.                                                              
The  Department of  Commerce,  Community,  & Economic  Development                                                              
(DCCED) is responsible for the allocation process.                                                                              
                                                                                                                                
9:23:45 AM                                                                                                                    
                                                                                                                                
CHUCK  HARLAMENT, Juneau  Section Chief,  Tax Division  Department                                                              
of Revenue,  in response  to Representative  Seaton, relayed  that                                                              
any product  exported unprocessed  is expected  to be  reported by                                                              
the taxpayers  on a Schedule  IV and all  the tax associated  with                                                              
that  fish is  split  between the  general  fund and  DCCED.   The                                                              
DCCED distributes  the tax to communities  across the state.   The                                                              
formula by DCCED  is very much based upon the  volume of processed                                                              
product  in  the  regions  across   the  state.    A  port  that's                                                              
principally  a weigh  point  for  fish going  out  of state  isn't                                                              
going to see any [indisc.] revenue.                                                                                             
                                                                                                                                
9:25:59 AM                                                                                                                    
                                                                                                                                
MR. HARLAMENT, in  response to Representative Seaton,  said he was                                                              
correct.   Homer  and Craig  have a  dive fishery  that ships  out                                                              
live product  in which  the high value  fishery is distributed  to                                                              
the ports with the highest volume of processing.                                                                                
                                                                                                                                
9:26:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON stated that:                                                                                              
                                                                                                                                
     Under   the   department's   [Department   of   Revenue]                                                                   
     definition of  processing the troll caught fish  and the                                                                   
     direct  marketing bill,  that  we passed  to allow  more                                                                   
     marketing  of troll-caught  fish, those  fish then  will                                                                   
     go  through the  same [DCCED]  ...  formula, instead  of                                                                   
     through the  community where the revenue  activity takes                                                                   
     place.                                                                                                                     
                                                                                                                                
9:27:24 AM                                                                                                                    
                                                                                                                                
MR. HARLAMENT related that:                                                                                                     
                                                                                                                                
     A  typical  troll-caught fish,  just  princess  dressed,                                                                   
     isn't  frozen, headed,  or  filleted  is not  considered                                                                   
     processed under  the Department  of Revenue rules.   And                                                                   
     yeah,  the  exact same  thing  would  happen if  it  got                                                                   
     shipped   out  fresh   princess   dressed.     The   tax                                                                   
     associated  with that  fish  wouldn't  be attributed  to                                                                   
     the community for which it got shipped [indisc.].                                                                          
                                                                                                                                
9:27:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON commented  that  an issue  of interest  for                                                              
the committee  should be  getting the shared  revenue back  to the                                                              
communities that generate the revenue.                                                                                          
                                                                                                                                
9:28:14 AM                                                                                                                    
                                                                                                                                
MR.  DICKINSON pointed  out  that for  each  tax type  there is  a                                                              
relatively small number of taxpayers.                                                                                           
                                                                                                                                
9:34:02 AM                                                                                                                    
                                                                                                                                
BRETT FRIED  discussed the mining  license tax.  Due  to technical                                                              
difficulties  a  few  seconds  of  testimony  was  lost,  and  the                                                              
following was reconstructed  from the Tax Division  FY 2004 Annual                                                              
Report on page 38:                                                                                                              
                                                                                                                                
     The mining  license tax is  levied on mining  net income                                                                   
     and  royalties   received  in  connection   with  mining                                                                   
     properties  and  activities  in Alaska.    The  division                                                                   
     collects  mining   license  taxes  primarily   from  the                                                                   
     businesses engaged in coal and hard rock mining.                                                                           
                                                                                                                                
     Mining  licensees  file  annual  returns  based  on  the                                                                   
     mining  business' fiscal  year.   Calendar year  returns                                                                   
     and  payment  of  tax  are due  April  30;  fiscal  year                                                                   
     returns  and payment  are due  before the  first day  of                                                                   
     the fifth month after the close of the fiscal year.                                                                        
                                                                                                                                
     Except  for  sand  and  gravel  operations,  new  mining                                                                   
     operations  are exempt from  the mining license  tax for                                                                   
     a period  of three and  one half years after  production                                                                   
     begins.                                                                                                                    
                                                                                                                                
MR. FRIED  pointed out that the  mining licensees can  receive tax                                                              
credit for  contributions for  educational purposes  to accredited                                                              
Alaska universities  or colleges.   In  addition, tax  credits may                                                              
be received  on the mineral  exploration incentive,  which credits                                                              
eligible costs  of exploration  activities related to  determining                                                              
the  existence,  location,  extent,  or  quality  of  a  locatable                                                              
material.  In FY  04, the revenue from the mining  license tax was                                                              
$3.2 million and  in the previous five years the  average was $1.8                                                              
million.                                                                                                                        
                                                                                                                                
9:34:49 AM                                                                                                                    
                                                                                                                                
MR.  DICKINSON,  in response  to  Representative  Wilson,  related                                                              
that the  increase  in revenue is  due to  high commodity  prices.                                                              
For  instance, from  2003 to  2004 the  commodity price  increased                                                              
for gold  by 13 percent,  silver by 37  percent, and zinc  by over                                                              
20 percent.                                                                                                                     
                                                                                                                                
9:35:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON pointed  out that  fisheries and  oil  is a                                                              
gross extraction  tax, while mining is  a net tax.  He  noted that                                                              
mining  brings  in  a  relatively   small  revenue  in  comparison                                                              
averaging only $1.5 million.                                                                                                    
                                                                                                                                
9:36:22 AM                                                                                                                    
                                                                                                                                
MR. FRIED  related that  the mining  taxes are  only based  on the                                                              
mining  properties  and  activities   in  Alaska.    Thus,  mining                                                              
companies  cannot  account  for  income  earned  in  other  places                                                              
outside  of  Alaska.   The  mining  tax is  not  the same  as  the                                                              
corporate  income   tax,  he  noted.    In  further   response  to                                                              
Representative  Seaton, Mr.  Fried clarified  that the mining  tax                                                              
is  based  on  the  net income  from  the  mining  properties  and                                                              
activities in Alaska.  The tax is not apportioned.                                                                              
                                                                                                                                
9:37:26 AM                                                                                                                    
                                                                                                                                
MR.  FRIED, in  response to  Representative  Wilson, related  that                                                              
[the taxes]  for the  oil and  gas companies  [is based  on their]                                                              
worldwide income  and then it's  apportioned to Alaska.   However,                                                              
he  said, mining  taxes  are based  on the  income  earned on  the                                                              
specific properties and activities in Alaska.                                                                                   
                                                                                                                                
9:38:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  related that  the federal fisheries  have a                                                              
set    standardized    price   by    the    federal    government.                                                              
Representative Seaton  related that  the standardized price  is to                                                              
ensure that  the extraction industries  do not sell  their product                                                              
to subsidiaries at  a low rate, make little to no  net income, and                                                              
then shift the profits to another corporation.  He said:                                                                        
                                                                                                                                
     It seems  like we  are leaving  ourselves wide-open  for                                                                   
     tax  gains,  when we  talk  about  net income,  and  let                                                                   
     people  shift profits  where  they want  to declare  net                                                                   
     income  ...  unless  we're  setting,  like  the  federal                                                                   
     government   does    with   fisheries,   they    set   a                                                                   
     standardized  price ... and so  that is where  the taxes                                                                   
     are  generated on  .... Do  we just  take their  reports                                                                   
     and say  ... this is the  amount of net profit  that you                                                                   
     report, and therefore that's what you pay on.                                                                              
                                                                                                                                
9:39:05 AM                                                                                                                    
                                                                                                                                
MR. FRIED  related that there  was no set  price specified  by the                                                              
Tax Division.                                                                                                                   
                                                                                                                                
9:39:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  opined  that   there  seems  to   be  two                                                              
disparate  [tax]  systems  of  resource  extraction:  one  system,                                                              
fisheries  and oil,  taxes  based  on the  gross  value while  the                                                              
other, mining,  taxes based on  the net value.   He asked  why the                                                              
difference  in  the taxation.    He  requested that  the  division                                                              
provide  figures  detailing  the   difference  between  the  gross                                                              
extraction and the net income value.                                                                                            
                                                                                                                                
9:40:04 AM                                                                                                                    
                                                                                                                                
MR.  DICKINSON  agreed  to  provide  information  on  the  general                                                              
issue.                                                                                                                          
                                                                                                                                
9:40:26 AM                                                                                                                    
                                                                                                                                
MR.  FRIED,  in  response to  Representative  Wilson,  agreed  the                                                              
division  would  investigate  if  the  current  taxation  for  the                                                              
mining industry is the norm across the world.                                                                                   
                                                                                                                                
9:41:17 AM                                                                                                                    
                                                                                                                                
MR. FRIED continued  his presentation by relaying  that Alaska has                                                              
no statewide timber  tax, while all others states  have a property                                                              
tax on  timber.   He specified  that 38  states base their  timber                                                              
tax on  the value  of the  timber, 11  states base  it on  the per                                                              
acre amount,  and 18 states  have severance  taxes on timber.   Of                                                              
those with a severance  tax, eight tax on the  amount of harvested                                                              
timber,  and ten  tax  on the  value  of harvest.    In 2003,  the                                                              
export value of  timber was $141 million, which  increased to $120                                                              
million in 2002.                                                                                                                
                                                                                                                                
9:42:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  requested   the  timber  statistics  in                                                              
writing.                                                                                                                        
                                                                                                                                
9:42:37 AM                                                                                                                    
                                                                                                                                
MR. FRIED, in  response to Representative Wilson,  stated that the                                                              
timber industry  has declined over the  years and at a  later date                                                              
he could provide the historical data detailing the drop.                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  added that he would like the  data to be in                                                              
spreadsheet  form  in  order to  make  comparisons  between  other                                                              
states' tax structures.                                                                                                         
                                                                                                                                
9:43:28 AM                                                                                                                    
                                                                                                                                
MR. FRIED went  on to discuss tourism taxes,  specifically the bed                                                              
tax.   Alaska  does not  have  a statewide  bed  tax, however,  38                                                              
Alaska  cities have  a bed  tax  including, Anchorage,  Fairbanks,                                                              
and Juneau,  he noted.   The tax  base is  about $300  million, he                                                              
estimated.   Currently,  there are  48 states  that have either  a                                                              
statewide bed tax or a statewide sales tax.                                                                                     
                                                                                                                                
9:44:42 AM                                                                                                                    
                                                                                                                                
MR. FRIED,  in response to  Representative Seaton, said  that none                                                              
of  the  revenue  source  books  include  the  statewide  bed  tax                                                              
because the books only include taxes that Alaska has.                                                                           
                                                                                                                                
MR.  DICKINSON noted  that there  is a  statistical report,  which                                                              
the division will provide at a later date.                                                                                      
                                                                                                                                
9:45:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG added  that a request  submitted  by one                                                              
member should be transmitted to the full committee body.                                                                        
                                                                                                                                
9:45:43 AM                                                                                                                    
                                                                                                                                
MR. FRIED  continued discussing  tourism taxes, and  explained the                                                              
cruise ship  tax.   Alaska, and  no other  state, has a  statewide                                                              
head  tax on  cruise  ship passengers.    However,  there are  six                                                              
states that have  port head taxes.  For example,  Seattle levies a                                                              
$6.00 tax to  get on and off a  cruise ship.  In Alaska  there are                                                              
two communities  with cruise  ship passenger  head taxes:   Juneau                                                              
has  a $5.00  head  tax  and Ketchikan  has  a  $2.00  tax if  the                                                              
passenger is lightered  in, and a $4.00 tax if the  cruise ship is                                                              
docked.   In 2004, 876,000  cruise ship passengers  passed through                                                              
Juneau and  approximately 99.5 percent  of cruise  ship passengers                                                              
go through  Juneau.  In 2005,  900,000 passengers are  expected to                                                              
come  through  Juneau.     Many  other  countries,   such  as  the                                                              
Caribbean, have passenger head taxes, he noted.                                                                                 
                                                                                                                                
9:47:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether  the port cities  only tax                                                              
people who get off the vessel.                                                                                                  
                                                                                                                                
MR.  FRIED  related  his  understanding  that  the  passengers  in                                                              
Seattle, getting  on or off the  vessel, are subject to  the $6.00                                                              
tax.  In further  response to Representative Gruenberg,  Mr. Fried                                                              
related  his belief  that the passenger  head  tax for Juneau  and                                                              
Ketchikan covers any person aboard the vessel.                                                                                  
                                                                                                                                
9:48:33 AM                                                                                                                    
                                                                                                                                
MR. FRIED  discussed occupational  taxes, specifically  the recent                                                              
increase in  the business  license fee,  which increased  from $50                                                              
to $200.  He related that the fee is administered by the DCCED.                                                                 
                                                                                                                                
9:49:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  asked if most of the business  license fees                                                              
go to the general fund.                                                                                                         
                                                                                                                                
MR. FRIED  related  that the business  license  fee is a  receipts                                                              
support service so  those are general fund revenues  available for                                                              
appropriation by legislative receipt support service.                                                                           
                                                                                                                                
9:49:44 AM                                                                                                                    
                                                                                                                                
MR. FRIED relayed  that the number of business  licenses issued in                                                              
FY 03  was 74,600  and decreased to  70,500 in FY  04.   The DCCED                                                              
believes it  may drop  in revenue in  FY 05 to  $4.9 million.   In                                                              
further  response to  Representative Wilson,  Mr. Fried  explained                                                              
that one  reason for  the revenue  loss is  the change  in statute                                                              
allowing individuals  to obtain a one-year license,  as opposed to                                                              
two-year,  license.     He  stated  another  reason   could  be  a                                                              
[decreases in the number of businesses].                                                                                        
                                                                                                                                
9:50:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  commented that  in some instances  the cost                                                              
of the license  is more than  the realized profit, which  seems to                                                              
discourage small businesses.                                                                                                    
                                                                                                                                
9:51:25 AM                                                                                                                    
                                                                                                                                
MR. FRIED, in  response to Representative Gruenberg,  related that                                                              
the  DCCED offers  an  option that  an individual  could  purchase                                                              
one-year or two-year business license.                                                                                          
                                                                                                                                
9:51:57 AM                                                                                                                    
                                                                                                                                
MR. FRIED  mentioned that Alaska  used to  have a school  tax that                                                              
applied to any  employee over the age  of 19; the tax  was $10 and                                                              
was repealed  in 1980.  At the  time, the tax raised  $2.6 million                                                              
per  year.    Of  the  estimated  430,000  workers  in  Alaska  he                                                              
estimated  that 16  percent  are non-residents.    In response  to                                                              
Representative  Wilson, Mr. Fried  said he did  not know  how much                                                              
revenue the  employee head tax would  generate if it was  still in                                                              
place.   He said that  if the tax  was at  the $10 rate,  it would                                                              
raise about $4.3 million.                                                                                                       
                                                                                                                                
9:54:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked if  the administrative order  for the                                                              
ELF has gone into effect.                                                                                                       
                                                                                                                                
9:54:25 AM                                                                                                                    
                                                                                                                                
MR.  DICKINSON answered,  " ...  it  was a  notice that  effective                                                              
this date,  is when  we would start  considering these  properties                                                              
as  one, those  returns that  will  be affected  by that  decision                                                              
won't be  filed until the  last days of March."   He said  that he                                                              
was unaware of any formal appeal on that decision.                                                                              
                                                                                                                              
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Special  Committee on  Ways  and Means  meeting  was adjourned  at                                                              
9:55:04 AM.                                                                                                                   
                                                                                                                                

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